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SOUTHERN CALIFORNIA RECORD

Thursday, September 19, 2024

Plaintiffs Accuse Ventura County Over Zoning Violations at Old Creek Ranch Winery

State Court
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A family-owned winery is embroiled in a legal battle with Ventura County over zoning violations and land use disputes. The Holguin Family Ventures, LLC, and OCRW, Inc., filed a complaint against the County of Ventura on December 2021 in the Superior Court of Ventura County after the county's Board of Supervisors upheld several zoning violations against their Old Creek Ranch Winery.

The dispute centers around allegations that the plaintiffs expanded their winery and wine-tasting area without obtaining a necessary conditional use permit (CUP). According to the Board, these expansions violated the Ventura County Non-Coastal Zoning Ordinance (NCZO) by changing the primary use of the property from crop production to a "wine tasting/associated event venue." Additionally, they installed a paved parking lot with 40-50 spaces and electric vehicle charging stations without proper zoning clearance. The plaintiffs argue that the trial court applied an incorrect standard of review—substantial evidence instead of independent judgment—and believe their historical usage rights were infringed upon.

The case has its roots in historical zoning clearances dating back to 1981 when the county issued permits for a small produce stand within an existing winery. Over time, various additions were made legally until new zoning regulations came into effect in 1985 requiring CUPs for wineries with public tours or tasting rooms. In 2008, after a notice of violation was issued against then-owner Carmel Whitman for operating a wine-tasting room without a CUP, it was determined that simple wine tasting was permissible under earlier rules. However, subsequent owners—including Holguin—did not appeal this determination or seek necessary permits for further expansions.

Holguin Family Ventures purchased the property in June 2015 and undertook significant renovations, closing the winery for three years. Despite being aware of previous restrictions outlined in communications between prior owners and county officials, they advertised large events like weddings and corporate meetings on their website. Public complaints about increased traffic and noise led to multiple notices of violation from county officials.

The plaintiffs sought judicial relief through five causes of action including petitions for writs of mandate and declaratory relief. They contended that their fundamental vested rights were at stake and argued against needing additional permits based on historical usage. However, both the trial court and appellate court upheld the Board's decisions under substantial evidence review.

Ultimately, Holguin Family Ventures seeks either validation to continue operations as historically permitted or approval for their expanded activities through appropriate CUPs. They also requested clarification on permissible activities without additional permits but were denied amendments to their complaint by the trial court.

Representing Holguin Family Ventures are attorneys from Jeffer Mangels Butler & Mitchell LLP while Ventura County is represented by Tiffany N. North along with other county counsel members. The case is presided over by Judge Benjamin F. Coats under Case ID No. B3828569.

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